EDWARDS v. SULTAN TRANSPORTATION INC.


47 A.D.3d 872 (2008)

850 N.Y.S.2d 207

BASHIA EDWARDS et al., Appellants, v. SULTAN TRANSPORTATION, INC., et al., Defendants, and GRECCO BROS TOWING AND AUTO, INC., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 29, 2008.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendants Grecco Bros Towing and Auto, Inc., and Edillo Rodriguez, Jr., for summary judgment dismissing the complaint insofar as asserted against them is denied.

Contrary to the Supreme Court's determination, the defendants Grecco Bros Towing and Auto, Inc., and Edillo Rodriguez, Jr. (hereinafter the defendants), failed to establish, prima facie, that neither of the plaintiffs sustained...

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